NATE WOLF PACHECO
v.
PROTECTION STRATEGIES INC ARCH INSURANCE COMPANY, Insurance Carrier
Jurisdiction Claim No. VA02000035487
Virginia In The Workers’ Compensation Commission
April 1, 2021
Date
of Injury December 16, 2011
Nate
Wolf Pacheco Claimant, pro se.
Joseph
F. Giordano, Esquire [1] For the Defendants.
REVIEW
on the record by Commissioner Marshall, Commissioner Newman,
and Commissioner Rapaport at Richmond, Virginia.
OPINION
MARSHALL Commissioner
The
claimant requests review of a February 9, 2021 Order which
dismissed his claim with prejudice. We AFFIRM.
I.
Material Proceedings
The
claimant filed a December 9, 2020 claim. He alleged injuries
to his head, ear, spine and hips on December 16, 2011 while
working for the employer. He stated the injuries occurred due
to a mortar attack at Camp Taji, Iraq. An attached form
indicated he “worked for military in Iraq.”
Another identified him as a “defense contractor.”
He requested a lifetime medical award.
The
Deputy Commissioner wrote the claimant on January 25, 2021.
He advised the Virginia Workers’ Compensation
Commission did not appear to have jurisdiction over the
claim. He indicated the Commission did not have jurisdiction
over federal employees or federal employers pursuant to
Virginia Code § 65.2-101. In order to afford the
claimant due process and an opportunity to be heard, the
Deputy Commissioner ordered him “to show cause (explain
in writing) on or before February 8, 2021,
why (his) claim should fall under the jurisdiction of the
Virginia Act.” (emphasis in original).
The
claimant did not respond to the Deputy Commissioner’s
January 25, 2021 letter order. The Deputy Commissioner
dismissed the claim with prejudice on February 9, 2020. The
Deputy Commissioner reiterated that the Commission had no
jurisdiction over federal employees or employers.
The
claimant requested review. He denied he was a federal
employee. He stated he was a corporate employee of Protection
Strategies, Inc., a...